Nurbaiti Jones v. Donald S. Jones

Summary

The Florida Fifth District Court of Appeal affirmed in part, reversed in part, and remanded a dissolution judgment. The court held that the trial court was required to make specific written findings identifying, classifying, valuing, and distributing the parties’ assets and liabilities, including in connection with a default judgment. The court affirmed the striking of the wife’s counterpetition but remanded for the required equitable-distribution findings.

Holdings

1. The court affirmed the trial court's ruling striking Wife's counterpetition without discussion.
2. Unless the parties have executed an agreement, written findings identifying, classifying, valuing, and distributing the parties' assets and liabilities are mandatory. The requirement applies even when the trial court enters a default judgment, and the absence of the findings constitutes fundamental error on the face of the judgment.
3. On remand, the trial court must make factual findings supporting its classification of the parties' assets and liabilities as marital or nonmarital, set aside nonmarital assets or liabilities or nonmarital portions of marital assets, value and distribute the marital assets and liabilities, and begin with the statutory presumption of equal distribution.

Questions Presented

1. Whether the trial court erred by striking Wife's counterpetition.
2. Whether the dissolution judgment was legally sufficient when it failed to make specific written findings identifying, classifying, valuing, and distributing the parties' assets and liabilities.

Disposition

reversed_and_remanded